State v. Boyd’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘Where the evidence of appellant’s guilt is strong and substantial ... and clearly shows the commission of a more serious crime, it is unnecessary to instruct on the lesser included offense.... In a non-homicide case the evidence must arguably show a lack of an essential element of the greater offense before the trial court must instruct on the lesser included offense.’ State v. Boyd, 629 S.W.2d 434, 437 (Mo.App.1981); State v. Olson, 636 S.W.2d 318, 322 (Mo. banc 1982). The essential element of burglary which we focus upon is the intent to commit a crime. § 569.170, RSMo (1978). When the State has shown an intent to commit a crime and there is no ambiguity in a defendant’s purpose for being in a building, there is no basis for an instruction on first degree trespass.”

   1 later decision quote this exact passage
   e.g. State v. Green